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Also, New York's quite interesting because they have one of the earliest deadlines to switch party affiliation, which I believe is last October. So a lot of these guys don't even know that they're going to vote for until the final week heading into the primary. So that does create confusion for voters who maybe started paying attention to the race at the last minute really up until the last month or so.
BARTIROMO: Richard, it also makes the indications hard, in terms of where New York goes during the general election, frankly.
FOWLER: That's absolutely right, Maria. I have a problem with this law for a lot of reasons. The fact that you have to set your registration in October, almost eight or nine months prior to the primary, seems to be a little bit of an exclusionary process, or we would call it disenfranchising voters, right, and this is both the democrat and republican side. This time we saw some famous folks actually get disenfranchised, like the Trump kids who will not be able to vote for their father in this primary, and I think that's very unfortunate.
But to go back to one point Sandra that made about Hillary Clinton really trying to downplay her win tonight, and I agree with Sandra, but here's why Hillary Clinton is doing it. She doing it because she understands that she is going to have to bring this party together. With recent polls indicating that 33-percent of young - 33-percent of Bernie Sanders voters plan not to vote for her if she's the nominee, she's going to have a lot of work to do when it comes to soul-searching and soul mending. It's going to be like a church service in the Democratic Party to get us back together. Mind you, the Republican Party, they're going to have to have like a resurrection for them to get back together, not just a church service.
SMITH: Richard, also don't forget, she needs to should make sure her supporters actually go out and vote for her and don't think that -
FOWLER: Round 2.
BARTIROMO: Well, Sandra, that's a good point.
HILSENRATH: She has a much better ground campaign right now then Donald Trump does. I mean, when it comes to the general election that's going to help her a lot more than it's going to help Trump.
BARTIROMO: She's got a better ground campaign. Cruz has a better ground campaign. That's where we're see these shakeups going on in Trump's campaign.
HILSENRATH: Right.
BOOTHE: And, Maria, one of the big problems for Hillary Clinton has been that lack of enthusiasm. This is what -- Bernie Sanders has had the enthusiasm all this time. He doesn't have the super delegates and the democratic establishment on his side, but it does have the enthusiasm.
To Sandra's point earlier, I think Bernie Sanders needs to be making a lot of hay about the Wall Street transcripts because this is the perfect wedge issue. Not only does it show hypocrisy on Hillary Clinton's end but it also really had to her trustworthiness problems that she's been facing in the democratic contest.
BARTIROMO: Yes, for sure. I guess that's why he started to mention it recently. Lisa Boothe, Richard Fowler, thanks so much.
BOOTHE: Thank you.
FOWLER: Thanks, Maria.
BARTIROMO: We appreciate your time; we will see you soon. Make sure to tune in for our special coverage, tonight, of the New York Primaries. It all starts at 7:00 p.m. Eastern. Then, at 8:00 p.m. I will join Neil Cavuto for an even more in-depth analysis, results and the insight you can't miss. So do join us tonight, right here on the FOX Business Network, beginning at 7:00 p.m. with Lou Dobbs.
Coming up next, devastating floods rocking the Houston area; the powerful images to show you, next. Then the likes of ""House of Cards"" and "Fuller House" not enough to save Netflix's stock this morning. The concerns that have shares deep in the red headed of the open. Talk about waking up on the wrong side of bed. The FedEx employees accidentally shipped himself; back in a minute.
(COMMERCIAL BREAK)
BARTIROMO: Good Tuesday morning, everybody; welcome back. We are live this morning from the roof of our FOX Business studios, overlooking the Big Apple, where it is, of course, primary day in New York. We will have more on that coming up, but the first historic flooding hit in Houston, Texas forced the evacuation of hundreds of homes and left thousands of others without power. Cheryl Casone is downstairs in our newsroom right now. She's got with the details there and the other headlines. Cheryl, good morning to you.
CHERYL CASONE, FBN CORRESPONDENT: Good morning, Maria. (HEADLINES) Finally this, one FedEx employee decided to take a nap on the job and he woke up a few states away. An unidentified ground crew worker was loading shipments onto an aircraft in Memphis around 4:00 a.m. when he accidentally nodded off, only to wake up a few hours later as the plane approached an airport in Lubbock, Texas. Maria, apparently he woke up mid-flight. He knocked on the cockpit door, but the pilots wouldn't open it. The FBI met the plane but no criminal charges were pressed against him. Back to you upstairs.
BARTIROMO: That had to be a tough morning for him.
[Laughter]
HILSENRATH: -- (inaudible) bad dreams like that, but in the bad dream you wake up and you don't have your pants on or something.
BARTIROMO: Exactly; you're not in a whole different city.
[Cross Talk]
SMITH: It's not just an economics in there.
BARTIROMO: Exactly; that's true. Can we talk about Netflix for a second?
SMITH: Yes.
BARTIROMO: Because I feel like I've been binge watching "House of Cards" now forever, and even that didn't help the success of that show. We are seeing some slow down there.
SMITH: Yes, but the good news is their subscriber growth was strong. They be to expectations. Where the executives really couldn't give much color in the forecast and said the crystal ball is cloudy, was the expansion overseas, and it's going to cause gyrations in their results and that's where's a lot of concern for the company going forward.
Then, here at home, they've got to combat rising competition, Hulu, amazon's in the picture; a growing list of cord-cutters are out there. It's a tough environment, and they're raising prices in that environment. So there's just overall uncertainty --
HILSENRATH: I agree with you. I see good news here. The revenues are up 18-percent, and the fact that there is in crisis is good news because in a really weak economy, nobody can raise prices. They say they raise prices 2-percent of the course of the next few months shows. That shows that they have some power over advertisers and the networks, their carriers. So maybe there's a little bit of good news there as well.
BARTIROMO: Indeed; you want to see pricing power.
HILSENRATH: Right,
BARTIROMO: But Sandra mentions exactly what's the situation with so many companies today, they're doing well in the U.S. but it's the international story that is being debated and questioned.
HILSENRATH: Well you have to wonder how "House of Cards" is going to play in China.
BARTIROMO: Okay.
HILSENRATH: They might censor the whole idea of "House of Cards."
SMITH: If it were up to Maria they would do just fine.
BARTIROMO: Exactly. Exactly; all right, we'll take a short break and then we're looking at crude oil this morning snapping a four-day losing streak today. It's back above $40 a barrel right now; what that means for marketing your money next. Then, later, a dramatic video for woman hopping over a fence into a tiger cage. Yes; why she missed her life for the hat that she was looking for. That is coming up next.
(COMMERCIAL BREAK)
BARTIROMO: Welcome back. We are live this morning from the roof of our FOX Business Network studios, overlooking the Big Apple, where, of course, it is the battle for New York under way.
Oil prices topping $40 a barrel this morning after falling for four days in a row. Phil Flynn is at the CME Group right now with the latest on oil trading. Phil, another busy day.
PHIL FLYNN, FBN CORRESPONDENT: Another busy day. Now, all of a sudden, after that disaster in Doha, we're focused on the lack of spare production capacity in the globe right now. This ongoing oil worker's strike in Kuwait is knocking over a million dollars a barrel out the global marketplace. If it goes on for some time it's going to be difficult to replace those barrels. Why? We're seeing declining production across the globe. Here in the United States shale oil production tanking right now. We're seeing tanking production in Latin America and problems in Nigeria and Iran. All of a sudden we're concerned about enough production to meet demand, and that's a big change from the worries this market has seen recently. Back to you.
BARTIROMO: All right, Phil; thank you so much. Phil Flynn in Chicago. We are here in New York. Sandra Smith, let's talk oil for a second. I want to feel like at $40 a barrel this is a positive. We were all the way down to 20. You've got to feel good about what's gone on with oil and the impact on markets in the last two months?
SMITH: It might look like incentive for consumer but Jon Hilsenrath will probably tell us that we're not actually seeing that show up at the consumer level. We didn't even see it show up at $20 a barrel. So $40 a barrel, that small tick up that we've seen, changing consumer habits we haven't really seen it quite yet.
HILSENRATH: I think we are talking about the wrong commodity here. I think we should be talking about stocks.
BARTIROMO: Okay.
HILSENRATH: The Dow Jones Industrial over 18,000.
BARTIROMO: Okay.
HILSENRATH: We're seeing real momentum in the stock market. I think if anything is going to give consumers a lift it's going to be seeing their stock portfolio start to rise.
SMITH: Does oil have anything to do with that though?
HILSENRATH: Oil -- there is who little risk on, risk off trade which has been going on for months and I think what we're seeing now, since the Fed said back in March that it's pulling back, it's going to be slow in raising interest rates, we're seeing the risk on assets starting to rise. It's one reason the prices rose but it also sent to U.S. stocks higher.
What I'm watching today is can we stay - can we hold about (inaudible) a barrel.
One last thing, Goldman Sachs earnings are coming out before the open. Let's see if they have anything good to say.
BARTIROMO: That's going to be an important one because earnings, overall, have beaten lowered expectations.
HILSENRATH: Right.
BARTIROMO: We've got the CFO of IBM coming up as well, to give us a sense of the business climate, but earnings obviously part of the stock market rally story.
HILSENRATH: Right.
BARTIROMO: Here we are at the beginning of the quarter reporting season.
HILSENRATH: Yes, and you know, a lot of the financials that have reported have complained about their trading revenues. A few months ago they were all worried America and arguing that low interest rates were going to hurt their net interest margins. If it's trading revenues, well the trading has turned up during the last couple months. So maybe we are getting some positive news in the calls that come after those reports.
BARTIROMO: Well we're at the highs of the morning right now. Markets looking up 70 points on the Dow Jones Industrial Average.
We will take a short break. Coming up next, one fan is suing Kanye West, claiming that the superstar tricked users into subscriptions after false promises of being the exclusive place to find Kanye's latest album; we will bring you the details. But first, this:
(Scene from "Everybody Loves Raymond" plays).
BARTIROMO: We all remember her: Doris Roberts, who is the best known Mom, for playing the meddling mother on the sitcom "Everybody Loves Raymond," has passed away. The actress earned four Emmy for her role on the program, but was also known for her work on Broadway and the silver screen. Roberts was 90 years old.
(COMMERCIAL BREAK)
BARTIROMO: Good Tuesday morning, everybody. Welcome back. I am Maria Bartiromo coming to you this morning live from the roof of our Fox Business Network studios overlooking the big apple.
It is primary day here in New York. Your top stories at 6:30 on the east coast, the battle for New York in the spotlight. The polls have an open for about 30 minutes after weeks of crisscrossing the empire state, the presidential candidates are making their last bid for votes and it will be a fight to the finish line.
(BEGIN VIDEO CLIP)
BERNIE SANDERS (D), PRESIDENTIAL CANDIDATE: You all look beautiful and you all look like you want a political revolution. If we get a large voter turnout tomorrow, we are going to win here in New York.
HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: We probably going to wrap up the Democratic nomination but --
(END VIDEO CLIP)
BARTIROMO: We will hear from voters straight ahead on the program. Meanwhile, take a look at dramatic pictures from a zoo in Toronto, Canada, a woman jumping a fence into the tiger enclosure. We will tell you why she risked her life to get in there.
Kanye West and Jay-Z hit with a lawsuit over Kanye's new album on the streaming music service, Title. Why one fan says the rappers tricked users to go on Title.
Goldman Sachs is the stock to watch this morning. The bank is set to report first-quarter results ahead of the open this morning. Like its peers, Goldman expects to report a decline in profit as it too was hurt by lower trading revenues.
Investors also keeping an eye on the bank's exposure to energy loans. Coming up, we are talking with the CFO of IBM to get a sense of where the quarter is turning out for business this morning.
Turning to global markets, oil is rebounding today and that is helping to drive stocks higher. In Asia overnight, the Nikkei was the top performer. It gained 3.60 percent. As you can see all the major averages in Asia higher overnight.
In Europe, we are also seeing money moving into stocks, once again, mining stocks are leading the gains. Check out the German DAX index up better than 2 percent right now. The CAC Quarante in Paris up better than 1 percent and the FT 100 is up 0.5 percent.
In the U.S, similar situation, we are at the highs of the morning or very close to it. The Dow Industrials expected to open up about 60 points today after the Dow closed above 18,000 yesterday for the first time since July.
The polls in New York just opening about 30 minutes ago as the battle for the empire state kicks off this morning. We are here outside in New York with Sandra Smith and Jon Hilsenrath on a glorious morning.
The sun is coming up. Fox News' David Lee Miller is at a polling station on Long Island right now with the latest. David, good morning to you.
DAVID LEE MILLER, FOX NEWS: Good morning, Maria. As you mentioned, the polls have now been opened in New York State for just about half an hour. We are at a polling station in Nassau County, Long Island and so far despite the polls being open for about half an hour, only one voter has yet arrived.
That is expected to change. Today is a crucial day for both Donald Trump and for Hillary Clinton. Both of them are expected to have a very strong showing in New York State, but the question isn't if they are going to win.
The question in the minds of many, how much will the margin of victory be? That is crucial in determining how many delegates they will be awarded.
Now a new national poll reveals this could be a nail biter for some of the candidates. Starting with the Republicans, this poll from NBC News and "The Wall Street Journal" shows Donald Trump with 40 percent, Ted Cruz with 35 percent and John Kasich with 24 percent.
Trump has done some last-minute campaigning in Buffalo, New York last night. He said that Ted Cruz is not someone who deserves to win the votes of New Yorkers. He went on to say that he expects to do very well in New York.
Donald Trump could take away all 95 delegates, Maria, if he does meet a 50 percent threshold and that would be crucial to him avoiding a contested convention.
Donald Trump last night kept up the pressure on his opponents, listen to some of what he had to say.
(BEGIN VIDEO CLIP)
DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: We are going to show Ted Cruz who hates New York, when you look at that debate and you see the way he talked about us and New York values, no New Yorker can vote for Ted Cruz and no New Yorker can vote for Kasich, when he was one who approved NAFTA.
(END VIDEO CLIP)
MILLER: John Kasich did some last-minute campaigning here in New York State. He is not going to win this primary by any means at least according to the polls, but what he is attempting to do is to try and cherry pick a number of districts where he could pick up some delegates and pose an obstacle to a runaway victory by Donald Trump.
On the Democratic side, Hillary Clinton expected to do know very well in New York State, but nationally it could be a nail biter for her. NBC News and "Washington Journal" have a new poll that shows nationally Clinton has 50 percent with Bernie Sanders 48 percent, only 2 percentage point difference.
Hillary Clinton nevertheless has now started to focus less on Bernie Sanders and more on her potential Republican opponents. Listen to what she had to say.
(BEGIN VIDEO CLIP)
HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: Hoping to do really well tomorrow, wrap up the Democratic nomination, get ready for the general election, which is going to be really, really challenging.
(END VIDEO CLIP)
MILLER: What is noteworthy here for the Democrats, Maria, there are 247 delegates at stake. Bernie Sanders supporters are -- many of them are independent and they are not eligible to vote in this primary and that could be a real obstacle for Bernie Sanders in trying to do well and win some of those delegates.
BARTIROMO: He would be the biggest loser in terms of that entire group that can't vote. David, good to see you. Thanks so much. David Lee Miller there.
The latest polls may show Donald Trump and Hillary Clinton with commanding leads over the competition nationally. But my next guest says she has problem with not only the frontrunners, but the entire field of candidates especially when it comes to transparency.
Judith Miller is here. She is a Pulitzer Prize-winning journalist, author of two number one best-selling books and spent 85 days in jail to defend a reporter's right to protect confidential sources. She joins us now with her take.
Judith, good to see you. Thank you so much for joining us. Your take on the race in the empire state. You say you have a problem because of this transparency issue.
JUDITH MILLER, "THE STORY: A REPORTER'S JOURNEY" AUTHOR: I really do. I mean, I think what stunned me was when, first of all, Ted Cruz capped versions on New York values, which I call a kind of exercise in Chutzpah at Fox News. But also when Donald Trump embraced the Barack Obama talking point, which was they lied, people died, referring to how we got into the war in Iraq.
Donald Trump basically said we were lied into the war in Iraq because they lied to us about WMDs. They knew there were no WMDs there. You know, I was covering that for months and years before I have been writing about Iraq and Saddam.
And what was really terrible and I wrote about in my new book is we got it wrong. The intelligence community got it wrong, journalists got it wrong, because the intelligence community got it wrong.
They just couldn't believe that Saddam was going to give up his WMD, but that is not a lie. Donald Trump is a New Yorker who knows what happened here to us, knows what happened at the Trade Center. Ought to know why the president was so concerned about protecting America against the threat of terrorism and WMDs.
JON HILSENRATH, "WALL STREET JOURNAL": He's talked about 9/11, right? He also talked about the thousands of people cheering.
MILLER: He used 9/11 but he distance himself from the Iraq war, which has been a disaster. But because of the way it was executed, not because of the decision to oust a terrible man who had oppressed his people and also threatened his neighbors.
HILSENRATH: Is that transparency or just politics as usual? People twisting the truth to make a point.
MILLER: When you are a Republican candidate and embrace a Democratic -- left-wing Democratic talking point you have some explaining to do.
BARTIROMO: You wonder how this will play out, Sandra, because voters I think have made their decision in some case, at least if you look at the polls, then there is that 3 million people who are unable to vote.
But we will see what you are zeroing in on is important because you were there and you were a reporter and you know first-hand or this is something that the average guy --
SANDRA SMITH, FOX BUSINESS: I think a lot of people watching this race right now, Judith, look at Donald Trump and what he is saying and they wonder if it is strategic and thought out or if he didn't think through those thoughts before he actually shared them.
MILLER: That is the problem. I know lots of foreign policy analysts and experts, who were asked to brief Donald Trump and they were willing to do so, but actually he never had time to talk to them and that is one of the many questions about Donald Trump, does he really take this bid seriously?
HILSENRATH: Shouldn't we also be talking about Hillary Clinton if we are going to be talking about transparency and about international connections? Is that a fundamental part of the story?
MILLER: She has this albatross hanging over her which is her vote for the Iraq war and that is what Bernie Sanders has been using against her. She got us into the war. She has bad judgment. Whereas Hillary, whatever else you say about her is far tougher on foreign policy than any of the other candidates, I am talking about the Republicans as well. She is much more assertive, much more aggressive.
HILSENRATH: So if it's Hillary versus Donald Trump in a position where the Democrat is the supporter of the war and the Republican is the one speaking out and saying the whole thing is a sham.
MILLER: Yes, the decision to go to war not the execution of it, but that is an irony. I don't think anybody has really pointed it out.
BARTIROMO: It sure is. I know it's in your book, which is now a paperback on shelves right now and the book is "The Story: A Reporter's Journey" on shelves right now by Judith Miller. Judith, we'll see you soon. Thank you so much for joining us.
Make sure to tune in for our special coverage of the New York primary tonight beginning at 7:00 pm Eastern and again at 8:00 pm. I will join Neil Cavuto at 8:00 for in-depth analysis and results and insight you can't miss so do join us tonight live on the Fox Business Network.
Take a short break and then up next, another day, another Kanye West controversy. One fan is suing the rapper this morning for allegedly lying to build his business. We've got the details coming up.
And then later, the day is finally here, New Yorkers head to the polls to cast their votes in the New York primary. Our own Dagen McDowell is hitting the streets of Manhattan to see what voters have to say. We are live this morning outside. Join us. Back in a minute.
(COMMERCIAL BREAK)
CHERYL CASONE, FOX BUSINESS: Welcome back to MORNINGS WITH MARIA. I am Cheryl Casone in the Fox Business newsroom. We will get back outside to Maria in just a moment, but first, some of your headlines.
First this with the Supreme Court, the Supreme Court justices are now considering a 26-state challenge to the administration's plans for avoiding deporting about 4 million undocumented immigrants whose children are U.S. citizens.
The court has eight members since the death of conservative Justice Antonin Scalia after extended arguments yesterday, it is possible the panel could be deadlocked 4-4. This would effectively kill the immigration plan for the rest of President Obama's time in office.
A Kanye West fan is suing the singer claiming he lied. Justin Baker claims that West fraudulently promised fans in his album, "The Life of Pablo" would only be available on Title. The album has since been released for free on Apple Music and Spotify. The lawsuit contends the value of new subscribers and their personal information could be worth as much as $84 million for Title.
A woman in Toronto apparently took a big risk to rescue a hat. The Toronto Zoo is investigating after video surface that showed a woman jumping over a protective fence into a tiger's pen to recover her hat. As she grabbed the hat, the tiger, separated by a second fence, pounced and lunged towards her.
It is primary day right here in New York City and we have a lot going on particularly on the streets of New York City and Dagen McDowell is standing by to see what voters had to say. Dagen, good morning.
DAGEN MCDOWELL, FOX BUSINESS: Good morning, Cheryl. One of the candidates, of course, Donald Trump, we are outside Trump Tower on Fifth Avenue between 57th and 56th Street just a stone throw from Fox News and Fox Business.
And we are lucky one of the candidate is headquartered and lives right here in New York City. We were here before sun up to catch up with the folks who were out already to see who they are voting for. Take a listen.
(BEGIN VIDEO CLIP)
MCDOWELL: Tell me why you like Donald Trump.
UNIDENTIFIED MALE: He's the best candidate.
MCDOWELL: What about him?
UNIDENTIFIED MALE: I think he is best for the economy, a businessman. We need a businessman to run the country.
(END VIDEO CLIP)
MCDOWELL: We talked sadly, Cheryl, we talked to a lot of people registered to vote in New York City and are not voting. One guy I had to chase down said I'm in a union. I am supposed to vote, but I am not going to do it because I don't like any of the candidates.
I want to talk about turnout. One estimate I saw for GOP voter turnout in New York. It said about 800,000 Republican voters, which is about a 26 percent increase from back in 2008 when it was McCain, Romney and Huckabee in that order.
It was earlier in the year, but we will catch up with some more people. I'm sure some Trump supporters and maybe even some protesters will be coming out as the sun comes up -- Cheryl.
CASONE: Dagen, I am sure they will. Dagen McDowell out on the streets of New York. We will get back to Maria Bartiromo up on the roof of the Fox Business Network. It's a beautiful day here in New York.
But first, I want to take a look at market futures right now. We are looking at a higher open. The Dow pointing up by 50, S&P looking higher by 9, Nasdaq up 31.
In the pre-market, by the way, earnings season is underway. Where can you expect markets to go from here? We have that discussion straight ahead.
But first, the Broadway musical, Hamilton, making history yet again just one day after Treasury Secretary Jack Lew announced that Alexander Hamilton's face will remain on the front of the $10 bill.